Hawaiian judge upholds same-sex marriages

December 3, 1996Web posted at: 5:50 p.m. EST

HONOLULU (CNN) -- A Hawaiian state court upheld the right of same-sex
couples to be legally wed Tuesday, five years after a gay couple first
filed suit against Hawaii for denying them a marriage license.

The ruling makes Hawaii the first state to recognize that gay and
lesbian couples are entitled to the same privileges as heterosexual
married couples.

In his ruling, Judge Kevin Chang found that the Hawaiian state
government had failed to establish a "compelling state interest" to
justify the prohibition against same-sex marriages, said Dan Foley, a
lawyer for three same-sex couples who sued the state in a landmark
case.

Joe Melillo and Patrick Lagon joined two lesbian couples in filing
suit against Hawaii in 1991. All three couples were denied marriage
licenses by the state. They say that the state's refusal to let them
marry amounts to gender discrimination, violating the state
constitution's Equal Rights Amendment.

A trial court ruled against the group, but the couples appealed to the
state Supreme Court, which in 1993 overturned the trial court's
ruling.

Court observers had expected Chang to find in favor of the couples.
However, the case is far from over since both sides promised to appeal
if the verdict was against them.

The case has been closely watched, as it could set a landmark
precedent throughout the United States. However, as Hawaii has
battled this issue out in court, 37 states have taken up efforts to
outlaw same-sex marriages, and 16 have actually passed laws banning
such marriages.

Congress also got in the act, passing the Defense of Marriage Act in
September, just one day before the latest trial in the Hawaii case
began. The measure would not bar states from legalizing same-sex
marriages, but states would not be obligated to recognize such
marriages performed in another state.